FL H7017

Repeals s. 827.071, F.S. (sexual performance by a child) and consolidates it into new s. 847.003, F.S., under Chapter 847 (Obscenity and Child Exploitation), classifying both using a child in a sexual performance and promoting such a performance as second-degree felonies

Substantially expands s. 847.0137, F.S., into a comprehensive child pornography statute creating new offenses: possession with intent to promote child pornography (second-degree felony, with possession of 3+ visual depictions as prima facie evidence of intent) and knowing possession, control, or intentional viewing of child pornography (third-degree felony, with each depiction and each minor depicted constituting a separate offense)

Broadens the definition of "child pornography" to include visual depictions created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct, and expands "sexual conduct" to include simulated lewd exhibition of the genitals; defines "identifiable minor" as a recognizable actual person without requiring proof of actual identity

Creates s. 794.10, F.S., authorizing criminal justice agencies to issue investigative subpoenas in cases involving sexual exploitation or abuse of a child, sexual offenses by unregistered child sexual offenders, and Chapter 847 offenses involving child victims, with a 180-day nondisclosure requirement when disclosure could endanger lives, encourage flight, or jeopardize investigations

Imposes comprehensive supervision conditions for persons convicted under the new s. 847.003 or s. 847.0137(2) for crimes committed on or after October 1, 2018, including mandatory curfew, 1,000-foot residency restrictions from schools and child-congregation areas, sex offender treatment, no-contact orders with minors, electronic monitoring, warrantless search submission, annual polygraph examinations, Internet restrictions, and pornography prohibitions

Adds s. 847.003 and s. 847.0137(2) to the qualifying offense lists for sexual predator designation (s. 775.21), sexual offender registration (s. 943.0435), dangerous sexual felony offender mandatory minimum sentences (25 or 50 years under s. 794.0115), prison releasee reoffender penalties, and 1,000-foot residency restrictions from schools, parks, and playgrounds

Requires law enforcement recovering child pornography to request identified victim contact information from NCMEC's Child Victim Identification Program, and requires prosecutors to enter case data into the Attorney General's Victims in Child Pornography Tracking Repeat Exploitation database, including defendant information, case status, and victim impact statement verification

Updates the definitions of "sexual offender" across multiple statutes (ss. 943.0435, 944.606, 944.607) to include convictions under the new s. 847.003 and s. 847.0137, and makes convictions under these statutes ineligible for criminal record expunction or sealing

Enacts extensive conforming amendments across more than 60 Florida Statutes—including child welfare, evidence admissibility, background screening, civil remedies, RICO, wiretap authorization, bail determinations, court surcharges, and statewide grand jury jurisdiction—replacing references to the repealed s. 827.071 with references to both "former s. 827.071" and the new s. 847.003 and s. 847.0137

Expands crime victim compensation eligibility (s. 960.03) to cover victims of the newly codified offenses, redefines "identified victim of child pornography" by reference to the new s. 847.0137, and authorizes compensation for counseling and mental health services for child victims